Research On The Crime Of Affray Judicial Problems

Crime of Affray from hooliganism in 1979. Because of its numbers, high levels of violence, causing great harm to society, the Penal Code gives a provision to prevent crime and maintain social stability. So in order to make the provision play its role, it’s necessary to have a good comprehension of the Crime of Affray.This article discussed four aspects of the Crime of Affray, which as follows:The first, to define of subject of the Crime of Affray. Firstly, through discussing the relationship of the Crime of Affray and the Common Crime, I think affray was necessary common crime, excepting some special circumstances. After, analysis difference of the subject of mob crime, there are three subjects: ringleaders, active participants and general participants. Finally, as to the Crime of Affray, only the ringleaders and active participants are punished.The second, the “mob” and “fight” of the Crime of Affray. "Mob" is the premise of fighting, the “fight” is for the purpose of gathering. The “gather” of the “Mob”means the gathering, gathered, the way of gather of crime syndicates should draw attention. "Public" in the “mob” refers to three or more persons, including ringleaders and general participants. "Fight" each other fighting, but beating against one particular person of the other does not constitute a brawl.The third. The transformation of the Crime of Affray. Analysis the condition and subject range of the transformation. Ringleaders should be convicted whether he intended directly or indirectly. For the situation that who is the criminal, the ringleaders of the other was transformed. If the innocent was injured or killed, the criminal and the ringleaders was convicted. One real problem was discussed, transformation is committed graft or punished for the transformation only, I think it should convict the transformation only.The forth. The Aggravating circumstances of Crime of Affray. Four Aggravating circumstances of Crime of Affray in all were discussed. For multiple affray, he has been convicted and punished was not counted. For the number of people, it must be unilateral or bilateral total number of 10 or more persons. For the public, it must be a serious impact to public order was aggravated. For armed, whether or not resulting in serious consequences are aggravated.